How to Know If Your Firm Is Charged Fairly for Medical Records Retrieval

Does your records retrieval provider advocate on your behalf to ensure your law firm is being charged fairly for medical records? When it comes to obtaining records, the process can be very expensive. Law firms put their trust in their records retrieval company to look out for them and ensure the fees they are paying are “reasonable” and fair. At Gulfstream Legal Group, we take pride in educating ourselves and staying up to date on the Texas Administrative Codes for medical records fees.

The following are the key takeaways for Gulfstream from the three different types of Texas Administrative Codes Gulfstream follows closely when sending payments to obtain medical records:

Physicians

Paper Format

  • A reasonable fee for providing the requested records in paper format shall be a charge of no more than $25 for the first twenty pages and $.50 per page for every copy thereafter. (1)

Electronic Format

  • A reasonable fee for providing the requested records in electronic format shall be a charge of no more than: $25 for 500 pages or less; $50 for more than 500 pages. (1)

Other Charges

  • If an affidavit is requested, certifying that the information is a true and correct copy of the records, whether in paper, electronic or hybrid format, a reasonable fee of up to $15 may be charged for executing the affidavit. (1)
  • Billing Record Requests. In response to a proper request for release of medical records, a physician shall not be required to provide copies of billing records pertaining to medical treatment of a patient unless specifically requested pursuant to the request for release of medical records. (1)

Chiropractors

  • A licensee or other person may charge a reasonable fee not to exceed $50 for providing routine patient records in a digital-only format. (2)
  • A licensee or other person may charge a reasonable fee not to exceed $25 for providing paper-only copies of routine patient records, plus an additional $0.25 per page. (2)
  • A licensee or other person may charge a reasonable fee not to exceed $50 for providing non-digital copies of routine films or other static diagnostic imaging studies, plus an additional $1.00 per page. (2)

Hospitals

Paper Format

  • A basic retrieval or processing fee, which must include the fee for providing the first 10 pages of copies and which may not exceed $49.26; and a charge for each page of:
    • $1.66 for the 11th through the 60th page of provided copies.
    • $0.81 for the 61st through the 400th page of provided copies.
    • $0.44 for any remaining pages of the provided copies. (3)

Electronic Format

  • A retrieval or processing fee, which may not exceed $89.24; and the actual cost of mailing, shipping, or otherwise delivering the provided copies. (3)

Some things Gulfstream looks out for when an invoice for medical records is received:

  • A breakdown of what is being charged
  • The number of pages of records the custodian is charging for
  • The fee to mail/ship the records to you

While Texas has rules set forth for charging for medical records, the state does not have administrative codes for charging for other types of records you may request such as employment, academic or business records. At Gulfstream, we do our best to negotiate fair fees for such records and alert our clients before paying a fee they may be uncomfortable with.

Click on the documents to have on hand to ensure you know your Texas Administrative Codes for medical records charges:

Texas Administrative Code for Physicians

Texas Administrative Code for Chiropractors

Maximum Fees for Providing Health Care Information for Hospitals

Sources

  1. Texas Medical Board Rules. Texas Administrative Code, Title 22, Part 9, Chapter 165.2, Medical Record Release and Charges. Available at http://www.tmb.state.tx.us/idl/3E399486-3B51-843A-AAD2-E67B31810FB0. Accessed on July 1, 2021.
  2. Texas Medical Board Rules. Texas Administrative Code, Title 22, Part 3, Chapter 76.3, Fees for Providing Patient Records. Available at https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=201097&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=22&pt=3&ch=76&rl=1. Accessed on July 1, 2021.
  3. Maximum Fees Allowed for Providing Health Care Information Effective September 1, 2020. www.dshs.state.tx.us/facilities/pdf/MedRecFee.doc.